Contents

Sally and Cecil Reed, a married couple who had separated, were in conflict over which of them to designate as administrator of the estate of their deceased son. Each filed a petition with the Probate Court of Ada County, Idaho, asking to be named.[1] Idaho Code specified that "males must be preferred to females" in appointing administrators of estates and the court appointed Cecil as administrator of the estate, valued at less than $1000. Sally Reed was represented at the Supreme Court by Idaho lawyer, Allen Derr, who argued that the Fourteenth Amendment forbids discrimination based on gender.[2]

After a series of appeals by both Sally and Cecil Reed, the Supreme Court considered the case and delivered a unanimous decision that held the Idaho Code's preference in favor of males was arbitrary and unconstitutional.[1]

The Supreme Court ruled for the first time in Reed v. Reed that the Equal Protection Clause of the Fourteenth Amendment prohibited differential treatment based on sex.[3]

Because the Idaho Code made a distinction based on sex, the court reasoned that "it thus establishes a classification subject to scrutiny under the Equal Protection Clause" and using the generic standard of scrutiny—ordinary or rational basis review—asked "whether a difference in the sex of competing applicants for letters of administration bears a rational relationship to a state objective."[1]

To give a mandatory preference to members of either sex over members of the other, merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment; and whatever may be said as to the positive values of avoiding intrafamily controversy, the choice in this context may not lawfully be mandated solely on the basis of sex.

Before the Supreme Court decided the case, Idaho amended its statutes to eliminate the mandatory preference for males, effective July 1, 1972.[1]

Those who brought the case had hoped for a broader decision that would have deemed all classifications based on sex "suspect", a category the Supreme Court reserved for race. A suspect classification would be held to a more exacting standard of scrutiny known as strict scrutiny. The ACLU established its Women's Rights Project under Ginsburg to develop cases to persuade the court to treat sex-based distinctions that way.[6]

The Sally Reed Memorial

A plaque serves as a memorial to the case at the site of Sally Reed's former home (now the location of an Idaho Angler store) at the intersection of S. Vista Ave. and W. Dorian St. in Boise, Idaho.[7][8]

1.
Supreme Court of the United States
–
The Supreme Court of the United States is the highest federal court of the United States. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional law. The Court normally consists of the Chief Justice of the United States and eight justices who are nominated by the President. Once appointed, justices have life tenure unless they resign, retire, in modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the Court meets in the United States Supreme Court Building in Washington, D. C. The Supreme Court is sometimes referred to as SCOTUS, in analogy to other acronyms such as POTUS. The ratification of the United States Constitution established the Supreme Court in 1789 and its powers are detailed in Article Three of the Constitution. The Supreme Court is the court specifically established by the Constitution. The Court first convened on February 2,1790, by which five of its six initial positions had been filled. According to historian Fergus Bordewich, in its first session, he Supreme Court convened for the first time at the Royal Exchange Building on Broad Street and they had no cases to consider. After a week of inactivity, they adjourned until September, the sixth member was not confirmed until May 12,1790. Because the full Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the Courts full membership to make decisions, under Chief Justices Jay, Rutledge, and Ellsworth, the Court heard few cases, its first decision was West v. Barnes, a case involving a procedural issue. The Courts power and prestige grew substantially during the Marshall Court, the Marshall Court also ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion. Also during Marshalls tenure, although beyond the Courts control, the impeachment, the Taney Court made several important rulings, such as Sheldon v. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford, which helped precipitate the Civil War. In the Reconstruction era, the Chase, Waite, and Fuller Courts interpreted the new Civil War amendments to the Constitution, during World War II, the Court continued to favor government power, upholding the internment of Japanese citizens and the mandatory pledge of allegiance. Nevertheless, Gobitis was soon repudiated, and the Steel Seizure Case restricted the pro-government trend, the Warren Court dramatically expanded the force of Constitutional civil liberties. It held that segregation in public schools violates equal protection and that traditional legislative district boundaries violated the right to vote

2.
Warren E. Burger
–
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger was a conservative, and the U. S. Warren Earl Burger was born in Saint Paul, Minnesota, in 1907 and his parents, Katharine and Charles Joseph Burger, a traveling salesman and railroad cargo inspector, were of Austrian German descent. His grandfather, Joseph Burger, had emigrated from Tyrol, Austria, Joseph Burger fought and was wounded in the Civil War, resulting in the loss of his right arm and was awarded the Medal of Honor at the age of 14. Joseph Burger by age 16 became the youngest Captain in the Union Army, Burger grew up on the family farm near the edge of Saint Paul. He attended John A. Johnson High School, where he was president of the student council and he competed in hockey, football, track, and swimming. While in high school, he wrote articles on school sports for local newspapers. That same year, Burger also worked with the building the Robert Street Bridge. Concerned about the number of deaths on the project, he asked that a net be installed to catch anyone who fell, in later years, Burger made a point of visiting the bridge whenever he came back to town. Burger attended night school at the University of Minnesota while selling insurance for Mutual Life Insurance, afterward, he enrolled at Mitchell Hamline School of Law, receiving his degree magna cum laude in 1931. He took a job at the firm of Boyensen, Otis and Faricy, now known as Moore, in 1937, Burger served as the eighth president of the Saint Paul Jaycees. He also taught for years at William Mitchell. His political career began uneventfully, but he rose to national prominence. He supported Minnesota Governor Harold E. Stassens unsuccessful pursuit of the Republican nomination for President in 1948, in 1952, at the Republican convention, he played a key role in Dwight D. Eisenhowers nomination by delivering the Minnesota delegation. After he was elected, President Eisenhower appointed Burger as the Assistant Attorney General in charge of the Civil Division of the Justice Department, in this role, he first argued in front of the Supreme Court. The case involved John P. Peters, a Yale University professor who worked as a consultant to the government and he had been discharged from his position on loyalty grounds. Supreme Court cases are argued by the Solicitor General, but he disagreed with the governments position. In 1956, Eisenhower appointed him to the U. S. Court of Appeals for the District of Columbia Circuit and he remained on the Court of Appeals for thirteen years. In 1968, Chief Justice Earl Warren announced his retirement after 15 years on the Court, President Lyndon Johnson nominated sitting Associate Justice Abe Fortas to the position, but a Senate filibuster blocked his confirmation

3.
William O. Douglas
–
William Orville Douglas was an American jurist and politician who served as an Associate Justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40 and his term, lasting 36 years and 209 days, is the longest term in the history of the Supreme Court. Douglas holds a number of records as a Supreme Court Justice and he was the 79th person appointed and confirmed to the bench of that court. In 1975 Time magazine called Douglas the most doctrinaire and committed civil libertarian ever to sit on the court. Douglas was born in 1898 in Maine Township, Otter Tail County, Minnesota, the son of Julia Bickford and William Douglas and his family moved to California, and then to Cleveland, Washington. At age two Douglas suffered through an intestinal colic, which Douglas would claim had been polio and his mother attributed his recovery to a miracle, telling Douglas that one day he would be President of the United States. His father died in Portland, Oregon, in 1904, when Douglas was six years old, Douglas would later claim his mother had been left destitute. After moving the family from town to town in the West, his mother, William, like the rest of the Douglas family, worked at odd jobs to earn extra money, and a college education appeared to be unaffordable. He was the valedictorian at Yakima High School and did enough in school to earn a scholarship to Whitman College in Walla Walla. While at Whitman, Douglas became a member of Beta Theta Pi fraternity and he worked at various jobs while attending school, including as a waiter and janitor during the school year, and at a cherry orchard in the summer. Picking cherries, Douglas would say later, inspired him to a legal career. He once said of his early interest in the law, I worked among the very, very poor, the migrant laborers, the Chicanos, I saw cruelty and hardness, and my impulse was to be a force in other developments in the law. Douglas was elected Phi Beta Kappa, participated on the debate team, after graduating in 1920 with a B. A. in English and economics, he taught English and Latin at Yakima high schools for the next two years, hoping to earn enough to attend law school. Finally, he said, I decided it was impossible to save money by teaching. He traveled to New York, with hopes to attend the Columbia Law School, six months later, Douglas funds were running out. The appointments office at the law school told him that a New York firm wanted a student to prepare a correspondence course for law. Douglas earned $600 for his work, enabling him to stay in school, hired for similar projects, he saved $1,000 by semesters end. His wife Mildred worked as a schoolteacher to support him throughout law school and he graduated fifth in his class in 1925, although he later claimed to have been second

4.
Byron White
–
Byron Raymond Whizzer White won fame both as an American football halfback and as an associate justice of the Supreme Court of the United States. Born and raised in Colorado, White played in the National Football League for three seasons and practiced law for 15 years before his Supreme Court appointment, White was the Colorado state chair of John F. Kennedys 1960 presidential campaign. White was appointed to the Supreme Court by Kennedy in 1962 and he viewed his own court decisions as based on the facts of each case rather than as representative of a specific legal philosophy. He retired in 1993 and is the twelfth longest-serving justice in Supreme Court history and he was the first Supreme Court Justice from the state of Colorado. Born in Fort Collins, Colorado, White was the son of Maude Elizabeth and Alpha Albert White. He was raised in the town of Wellington, where he obtained his high school diploma in 1934. He joined the Phi Gamma Delta fraternity and served as student body president his senior year. Graduating Phi Beta Kappa in 1938, he won a Rhodes Scholarship to the University of Oxford in England, after deferring it for a year to play pro football, he attended Hertford College, Oxford. During this time in England, he acquainted with Joe and John Kennedy. As a senior, White led Colorado to an undefeated 8–0 regular season in 1937 and he was the runner-up for the Heisman Trophy, behind Yale quarterback Clint Frank, and also played basketball and baseball at CU. The basketball team advanced to the finals of the inaugural National Invitation Tournament at Madison Square Garden in March 1938, White had originally planned to attend Oxford in 1938 and not play pro football. He was selected fourth overall in the 1938 NFL draft, held in December 1937, by the NFLs Pittsburgh Pirates, Oxford allowed White to delay his start to early 1939, so he accepted the Pittsburgh offer in August and played the 1938 season in the NFL. He led the league in rushing as a 21-year-old rookie and was its highest-paid player and he sailed to England in early 1939, with the intent of staying for three years. With the outbreak of World War II in late summer, White returned to the United States and he was admitted to Yale Law School in early October 1939, a week after classes began, and also played for the Detroit Lions in 1940 and 1941. In three NFL seasons, he played in 33 games and he led the league in rushing yards in 1938 and 1940, and he was one of the first big money NFL players, making US$15,000 per year. His NFL career was cut short when he entered the U. S. Navy in 1942, after the war and he was elected to the College Football Hall of Fame in 1954. During the war, White served as an officer in the U. S. Navy. He had originally wanted to join the Marines, but was out due to being colorblind

5.
Thurgood Marshall
–
Thurgood Marshall was an Associate Justice of the Supreme Court of the United States, serving from October 1967 until October 1991. Marshall was the Courts 96th justice and its first African-American justice and he served on the United States Court of Appeals for the Second Circuit after being appointed by President John F. Kennedy. He was appointed as the Solicitor General by President Lyndon Johnson in 1965, President Johnson nominated him to the United States Supreme Court in 1967 and he was approved by the Senate. Marshall was born in Baltimore, Maryland, on July 2,1908 and his original name was Thoroughgood, but he shortened it to Thurgood in second grade because he disliked spelling it. His father, William Marshall, worked as a porter, and his mother Norma, as a teacher, they instilled in him an appreciation for the United States Constitution. Marshall attended Frederick Douglass High School in Baltimore and was placed in the class with the best students and he graduated a year early in 1925 with a B-grade average, and placed in the top third of the class. It is commonly reported that he intended to study medicine and become a dentist, but according to his application to Lincoln University, Marshall said his goal was to become a lawyer. Among his classmates were poet Langston Hughes and musician Cab Calloway, initially he did not take his studies seriously, and was suspended twice for hazing and pranks against fellow students. He was not politically active at first, becoming a star of the debating team, in his freshman year he opposed the integration of African-American professors at the university. Hughes later described Marshall as rough and ready, loud and wrong, in his second year Marshall participated in a sit-in protest against segregation at a local movie theater. In that year, he was initiated as a member of Alpha Phi Alpha, Marshall wanted to study in his hometown law school, the University of Maryland School of Law, but did not apply because of the schools segregation policy. Marshall instead attended Howard University School of Law, where he worked harder than he had at Lincoln, in 1933, he graduated first in his class at Howard. After graduating from law school, Marshall started a law practice in Baltimore. He began his 25-year affiliation with the National Association for the Advancement of Colored People in 1934 by representing the organization in the law school discrimination suit Murray v. Pearson, in 1936, Marshall became part of the national staff of the NAACP. In Murray v. Black students in Maryland wanting to study law had to attend segregated establishments, Morgan College, whatever system is adopted for legal education must furnish equality of treatment now. At the age of 32, Marshall won U. S. Supreme Court case Chambers v. Florida,309 U. S.227 and that same year, he founded and became the executive director of the NAACP Legal Defense and Educational Fund. In total, Marshall won 29 out of the 32 cases he argued before the Supreme Court, during the 1950s, Thurgood Marshall developed a friendly relationship with J. Edgar Hoover, the director of the Federal Bureau of Investigation. In 1956, for example, he privately praised Hoovers campaign to discredit T. R. M, Howard, a maverick civil rights leader from Mississippi

6.
Equal Protection Clause
–
The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction the equal protection of the laws. The meaning of the Equal Protection Clause has been the subject of much debate and this clause was the basis for Brown v. The Equal Protection Clause itself applies only to state and local governments, however, the Supreme Court held in Bolling v. Sharpe that equal protection requirements apply to the federal government through the Due Process Clause of the Fifth Amendment. Before and during the Civil War, the Southern states violated the rights of speech of pro-Union citizens, anti-slavery advocates. During the Civil War, the Southern states stripped many white citizens of their citizenship and banished them from the states. Shortly after the Union victory in the American Civil War, the Thirteenth Amendment was proposed by Congress and ratified by the states in 1865, many ex-Confederate states then adopted Black Codes following the war. These laws severely restricted the rights of blacks to hold property, including property and many forms of personal property. These codes also created harsher criminal penalties for blacks than for whites, because of the inequality these Black Codes imposed, Congress enacted the Civil Rights Act of 1866. This Act provided that all born in the United States were citizens. Full and equal benefit of all laws and proceedings for the security of person and property, president Andrew Johnson Vetoed the Civil Rights bill of 1866 amid concerns that Congress did not have the constitutional authority to pass such a law. Such doubts were one factor that led Congress to begin to draft, moreover, Congress wanted to protect white Unionists who were under personal and legal attack in the former Confederacy. The effort was led by the Radical Republicans of both houses of Congress, including John Bingham, Charles Sumner, and Thaddeus Stevens, the most important among these, however, was Bingham, a Congressman from Ohio, who drafted the language of the Equal Protection Clause. The Southern states were opposed to the Civil Rights Act, but in 1865 Congress, exercising its power under Article I, section 5, clause 1 of the Constitution, to be the Judge of the. Qualifications of its own Members, had excluded Southerners from Congress, declaring that their states, having rebelled against the Union, could therefore not elect members to Congress. It was this fact that the Fourteenth Amendment was enacted by a rump Congress—that allowed the Equal Protection Clause to be passed by Congress. Its ratification by the former Confederate states was made a condition of their reacceptance into the Union, during the debate in Congress, more than one version of the clause was considered. Here is the first version, The Congress shall have power to all laws which shall be necessary

7.
United States
–
Forty-eight of the fifty states and the federal district are contiguous and located in North America between Canada and Mexico. The state of Alaska is in the northwest corner of North America, bordered by Canada to the east, the state of Hawaii is an archipelago in the mid-Pacific Ocean. The U. S. territories are scattered about the Pacific Ocean, the geography, climate and wildlife of the country are extremely diverse. At 3.8 million square miles and with over 324 million people, the United States is the worlds third- or fourth-largest country by area, third-largest by land area. It is one of the worlds most ethnically diverse and multicultural nations, paleo-Indians migrated from Asia to the North American mainland at least 15,000 years ago. European colonization began in the 16th century, the United States emerged from 13 British colonies along the East Coast. Numerous disputes between Great Britain and the following the Seven Years War led to the American Revolution. On July 4,1776, during the course of the American Revolutionary War, the war ended in 1783 with recognition of the independence of the United States by Great Britain, representing the first successful war of independence against a European power. The current constitution was adopted in 1788, after the Articles of Confederation, the first ten amendments, collectively named the Bill of Rights, were ratified in 1791 and designed to guarantee many fundamental civil liberties. During the second half of the 19th century, the American Civil War led to the end of slavery in the country. By the end of century, the United States extended into the Pacific Ocean. The Spanish–American War and World War I confirmed the status as a global military power. The end of the Cold War and the dissolution of the Soviet Union in 1991 left the United States as the sole superpower. The U. S. is a member of the United Nations, World Bank, International Monetary Fund, Organization of American States. The United States is a developed country, with the worlds largest economy by nominal GDP. It ranks highly in several measures of performance, including average wage, human development, per capita GDP. While the U. S. economy is considered post-industrial, characterized by the dominance of services and knowledge economy, the United States is a prominent political and cultural force internationally, and a leader in scientific research and technological innovations. In 1507, the German cartographer Martin Waldseemüller produced a map on which he named the lands of the Western Hemisphere America after the Italian explorer and cartographer Amerigo Vespucci

8.
Idaho
–
Idaho is a state in the northwestern region of the United States. It borders the state of Montana to the east and northeast, Wyoming to the east, Nevada and Utah to the south, to the north, it shares a small portion of the Canadian border with the province of British Columbia. With a population of around 1.7 million people and an area of 83,569 square miles, Idaho is the 14th largest, the states capital and largest city is Boise. Idaho prior to European settlement was inhabited solely by Native American peoples, in the early 19th century, Idaho was considered part of the Oregon Country, an area disputed between the U. S. and the United Kingdom. Idaho was eventually admitted to the Union on July 3,1890, forming part of the Pacific Northwest, Idaho is divided into several distinct geographic and climatic regions. In the states north, the relatively isolated Idaho Panhandle is closely linked with Eastern Washington, the states south includes the Snake River Plain, while the south-east incorporates part of the Great Basin. Idaho is quite mountainous, and contains several stretches of the Rocky Mountains, additionally, around 38 percent of Idahos land is held by the United States Forest Service, the most of any state. Industries significant for the economy include manufacturing, agriculture, mining, forestry. Idahos agricultural sector supplies a number of different products, but the state is best known for its potato crop, the official state nickname is the Gem State, which references Idahos reputation for gemstones and, more broadly, its many wilderness areas. The exact origin of the remains a mystery. Willing later claimed that he had invented the name. Congress ultimately decided to name the area Colorado Territory when it was created in February 1861, thinking they would get a jump on the name, locals named a community in Colorado Idaho Springs. However, the name Idaho did not fall into obscurity, the same year Congress created Colorado Territory, a county called Idaho County was created in eastern Washington Territory. The county was named after a steamship named Idaho, which was launched on the Columbia River in 1860 and it is unclear whether the steamship was named before or after Willings claim was revealed. Regardless, a portion of Washington Territory, including Idaho County, was used to create Idaho Territory in 1863. Despite this lack of evidence for the origin of the name, the name Idaho may be derived from the Plains Apache word ídaahę́, which means enemy. The Comanches used this word to refer to the Idaho Territory, a 1956 Idaho history textbook says, Idaho is a Shoshoni Indian exclamation. The word consists of three parts, the first is Ee, which in English conveys the idea of coming down

9.
Ruth Bader Ginsburg
–
Ruth Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10,1993 and she is the second female justice and one of four female justices appointed on the Supreme Court. She is generally viewed as belonging to the wing of the Court. Ginsburg was one of the few women in her law school class, following law school, Ginsburg turned to academia. She was a professor at Rutgers School of Law–Newark and Columbia Law School, Ginsburg spent a considerable portion of her legal career as an advocate for the advancement of gender equality and womens rights, winning multiple victories arguing before the Supreme Court. She advocated as a lawyer for the American Civil Liberties Union and was a member of its board of directors. In 1980, President Jimmy Carter appointed her to the U. S. Court of Appeals for the District of Columbia Circuit. Born in Brooklyn, New York City, Joan Ruth Bader is the daughter of Nathan and Celia Bader, Russian Jewish immigrants. The Baders older daughter, Marylin, died of meningitis at age 6 when Ruth was 14 months old, the family called Joan Ruth Kiki, a nickname Marylin had given her for being a kicky baby. When Kiki started school, Celia discovered that her daughters class had several other girls named Joan, although not devout, the Bader family belonged to East Midwood Jewish Center, a Conservative temple, where Ruth learned tenets of the Jewish faith and gained familiarity with the Hebrew language. At age thirteen, Ruth acted as the rabbi at a Jewish summer program at Camp Che-Na-Wah in Minerva. Her mother took a role in her education, taking her to the library often. Celia had been a student in her youth, graduating from high school at age 15. Celia wanted to see her daughter get more of an education, Ruth attended James Madison High School, whose law program later dedicated a courtroom in her honor. Celia struggled with cancer throughout Ruths high school years, and died the day before Ruths high school graduation, Bader attended Cornell University in Ithaca, New York, where she was a member of Alpha Epsilon Phi. While at Cornell she met Martin D. Ginsburg at age 17 and she graduated from Cornell with a Bachelor of Arts degree in government on June 23,1954. She was a member of Phi Beta Kappa and the female student in her graduating class. At age 21, she worked for the Social Security Administration office in Oklahoma and she gave birth to a daughter in 1955

10.
American Civil Liberties Union
–
It works through litigation and lobbying. The ACLU has 1,000,000 members and a budget of over $100 million. Local affiliates of the ACLU are active in almost all 50 states, the District of Columbia, the ACLU provides legal assistance in cases when it considers civil liberties to be at risk. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have established by its board of directors. The two organizations share office space and employees, during the 1930s, the ACLU started to engage in work combating police misconduct and supporting Native American rights. Many of the ACLUs cases involved the defense of Communist party members, in 1940, the ACLU leadership voted to exclude Communists from its leadership positions, a decision rescinded in 1968. During World War II, the ACLU defended Japanese-American citizens, unsuccessfully trying to prevent their forcible relocation to internment camps, during the Cold War, the ACLU headquarters was dominated by anti-Communists, but many local affiliates defended members of the Communist Party. By 1964, membership had risen to 80,000, in the 1960s, the ACLU continued its decades-long effort to enforce separation of church and state. It defended several anti-war activists during the Vietnam War, in the 1970s and 1980s, the ACLU ventured into new legal areas, involving the rights of homosexuals, students, prisoners, and the poor. Fundraising and membership spiked after the 2016 election, the ACLUs current membership is more than 1.2 million, the ACLU is led by a president and an executive director, Susan N. Herman and Anthony Romero, respectively, in 2015. The president acts as chairman of the ACLUs board of directors, leads fundraising, the executive director manages the day-to-day operations of the organization. The board of directors consists of 80 persons, including representatives from each state affiliate, the organization has its headquarters in 125 Broad Street, a 40-story skyscraper located in Lower Manhattan, New York City. The leadership of the ACLU does not always agree on policy decisions, in 1937, an internal debate erupted over whether to defend Henry Fords right to distribute anti-union literature. In 1939, a debate took place over whether to prohibit communists from serving in ACLU leadership roles. During the early 1950s and Cold War McCarthyism, the board was divided on whether to defend communists, in 1968, a schism formed over whether to represent Dr. Spocks anti-war activism. In 1973, there was conflict over whether to call for the impeachment of Richard Nixon. In 2005, there was conflict about whether or not a gag rule should be imposed on ACLU employees to prevent publication of internal disputes. Membership dues are treated as donations, members choose the amount they pay annually, in the year ending March 31,2014, the combined expenses of the ACLU and ACLU Foundation were $133.4 million, spent on programs, management, and fundraising